Fireworks Proposal Gets Quiet Commission Attention

The January 11 commission briefing on CPSC staff's proposed modernization of fireworks rules mostly focused on procedural matters or deep dives in specific issues. Chairman Elliot Kaye's questioning included eliciting explanations of the voluntary standards that are the sources of some of the proposals and getting confirmation about existing good compliance.

Meanwhile, Commissioner Marietta Robinson focused on issues like the requirements for adhering to Regulatory Flexibility Act analyses and the standing of Department of Transportation oversight. She was especially interested in the commission's ability to get answers to the large number of questions for comments in the briefing package. Staff at the session did not indicate that likely would be a problem.

Commissioner Ann Marie Buerkle prompted an explanation of how staffers collect fireworks injury data especially the special reporting period around Independence Day.

Commissioner Joseph Mohorovic made deep dives in to issues like the reasons for moving away from the audible effects test, certainty with XRF testing, confidence in the ability of industry to meet 1% contamination allowances for some substances, and a CPSC testing-manual (rather than an existing rule) as the source of fuse side-ignition testing.

The proposal (PSL, 1/2/17) would be a large overhaul of existing regulations and would incorporate the long-standing concern over the subjective nature of the 1950s audible effects test, turning instead to an assessment of the metallic powder in break/burst charges. Beyond many editorial, clarification, and definition changes, other substantive proposals involve non-audible effects powder, prohibited chemicals, fuse side-ignition, base attachment, and fragmentation.